Powers of Tribunal for Housing Benefit ?

I am due to attend a Tribunal shortly, re: Alleged Overpayment of Housing Benefit. The Council have decided that whilst - in their opinion - I was overpaid (which I am disputing) they have decided not to prosecute, but are considering requesting a repayment of the figure, which I also refute.

I have asked the Council, does the Tribunal, or does it not, have the power to remit the debt if they decide that I was overpaid ? This was their reply:
"If the tribunal decides that there has been an overpayment but that it is not recoverable then the Council would not seek to recover it from you.
The Tribunal Service does not have the power to write off a recoverable overpayment or to ask the Council not to recover it."

These two statements seem to contradict themselves and I am now more confused than ever. Under what circumstances would the Tribunal decide that a due debt is "NOT RECOVERABLE" ??

What constitutes a "NONE RECOVERABLE" debt ?? Presumably if I die and have no money in my estate, but what else ?

Thank you for reading this.

Margie wrote:

I am due to attend a Tribunal shortly, re: Alleged Overpayment of Housing Benefit. The Council have decided that whilst - in their opinion - I was overpaid (which I am disputing) they have decided not to prosecute, but are considering requesting a repayment of the figure, which I also refute.

I have asked the Council, does the Tribunal, or does it not, have the power to remit the debt if they decide that I was overpaid ? This was their reply:
"If the tribunal decides that there has been an overpayment but that it is not recoverable then the Council would not seek to recover it from you.
The Tribunal Service does not have the power to write off a recoverable overpayment or to ask the Council not to recover it."

These two statements seem to contradict themselves and I am now more confused than ever. Under what circumstances would the Tribunal decide that a due debt is "NOT RECOVERABLE" ??

What constitutes a "NONE RECOVERABLE" debt ?? Presumably if I die and have no money in my estate, but what else ?

Thank you for reading this.

Hi,

I believe (although I am not a lawyer) what they are saying is that if the tribunal finds that it is the council's fault the overpayment occurred (usually called Official Error) for example if despite the council having all the necessary information, they worked it out incorrectly and an overpayment occurred, then although the Tribunal cannot 'cancel' the debt, the Council would take no action in trying to recover the overpayment.

If the tribunal finds that it is the climants fault the overpayment occurred, for example by not reporting a change of circumstances etc, the council would use that decision as the basis to persue recovery.

Pete